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Consumer Protection Unit

State of Wyoming Cases

The Attorney General's Office conducts investigations and takes enforcement actions against businesses that appear to be violating the Wyoming Consumer Protection Act. The Attorney General also participates in multi-state actions, and occasionally joins other state attorneys general in submitting amicus curiae briefs on important matters that impact consumers. Listed below are some matters resolved by the Wyoming Attorney General.

The Attorney General, along with the attorneys general of all 50 states and the District of Columbia, reached a settlement with Boehringer Ingelheim Pharmaceuticals, Inc. (“BIPI”) regarding alleged off-label marketing and deceptive and misleading representations made in the promotion of four prescription drugs. Specifically, the States allege that BIPI: (1) misrepresented that its antiplatelet drug, Aggrenox®, was effective for many conditions “below the neck”, such as heart attacks and congestive heart failure, and that it was superior to Plavix® without evidence to substantiate that claim; (2) misrepresented that Micardis® protected patients from early morning strokes and heart attacks and treated metabolic syndrome; (3) misrepresented that Combivent® could be used as a first-line treatment for bronchospasms associated with chronic obstructive pulmonary disease (COPD); and (4) falsely stated that Atrovent® and Combivent® could be used at doses that exceeded the maximum dosage recommendation in the product labeling and that they were essential for treatment of COPD.The settlement requires BIPI to ensure that its marketing and promotional practices do not unlawfully promote these prescription drug products. Wyoming received $130,125.43 from the settlement.

The Attorney General joined a settlement between the attorneys general of 49 states and the District of Columbia and General Motors Company (“GM”) over allegations that GM concealed safety issues related to ignition-switch-related defects in GM vehicles. The settlement concludes a multistate investigation into the auto manufacturer’s alleged failure to timely disclose known safety defects associated with unintended key-rotation-related and ignition-switch-related issues in several models and model years of GM vehicles. Under the settlement, GM must refrain from engaging in false or misleading advertising related to the safety of its motor vehicles. The settlement further requires GM to make payments to the states. Wyoming received around $1 million from the settlement.

Paul Fox and Marlan Fox offered paving services
door-to-door in Wheatland, Wyoming, during the summer of 2016. The Attorney
General filed an enforcement action alleging that the Foxes violated the
Consumer Protection Act by misrepresenting the price, quality, and warranty of
their services. Furthermore, according to
the Attorney General’s Complaint, the Foxes prevented an elderly consumer
household from inspecting and discovering the substandard paving services
before paying an exorbitant sum of money. The Foxes also failed to provide the statutorily
mandated disclosures regarding a consumer’s right to cancel home solicitation
sales. The Platte County District Court entered a Judgment prohibiting the
Foxes from offering or performing paving services in Wyoming. The Judgment also
requires the Foxes to provide $28,400 in consumer refunds. Lastly, the Judgment
imposes the maximum civil penalty of $15,000 per violation of the Consumer
Protection Act, a total of $225,000.

John and Thomas Carroll offered asphalt paving services throughout Wyoming. The Attorney General filed an enforcement action alleging that the Carrolls misrepresented their affiliation and the quality and price of their services. More specifically, the Attorney General alleged that the Carrolls falsely represented that they worked on nearby roads and had extra road-quality asphalt they could install at a substantial discount because the leftover material would spoil if not applied soon. Consumers reported that despite these promises, the Carrolls performed substandard work at above-market-rates. The Attorney General further alleged that the Carrolls provided unfair and deceptive price estimates, employed high-pressure sales tactics, refused to honor promised warranties, and failed to provide consumers with statutorily mandated disclosures regarding the right to cancel home solicitation sales. The Carrolls agreed to resolve the matter through a Consent Judgment prohibiting them from offering or performing paving services in Wyoming. The Consent Judgment further requires the Carrolls to provide 16 consumer households with complete refunds totaling $167,854. If the Carrolls ever perform paving services in Wyoming again or fail to provide consumers with timely refunds, the Consent Judgment imposes a civil penalty of $200,000.00.

The Slenders offered paving and roofing services in Lincoln County, Wyoming. The Attorney General alleged that the Slenders violated the Consumer Protection Act by misrepresenting the quality of their services; performing services without first obtaining permission from the property owner and then demanding payment; failing to provide consumers with the statutorily mandated disclosures regarding their right to cancel home solicitation sales; and falsely representing to consumers that they were licensed and bonded to perform contract work in the state and relevant counties. The Slenders agreed to resolve the Attorney General’s investigation through a Consent Judgment requiring them to provide consumers with $8,768.00 in restitution and prohibiting them from offering or performing paving or roofing services in Wyoming. If the Slenders ever perform such services in Wyoming or fail to provide consumers with timely payments, the Consent Judgment imposes a civil penalty of $35,000.00.

The
Attorney General reached a settlement with Vivint, Inc. and Smart Home Pros,
Inc., formerly known as Arm Security, Inc. (together, “Vivint"). The
settlement concludes a multi-year investigation of Vivint’s door-to-door sales
of home security and automation systems. After that investigation, the Attorney General
alleged that Vivint misrepresented the discounted price of its equipment and
installation, failed to provide timely refunds after consumers cancelled within
the three-day cancellation period provided by the Consumer Protection Act, and engaged
in unlawful door-to-door sales tactics. These alleged sales tactics include making
misleading statements, knocking on doors with “no solicitation” signs, visiting
homes outside of hourly restrictions set by Wyoming municipalities, refusing to
leave homes after homeowners indicated they were not interested, and entering
homes and garages without permission. Under
the terms of the settlement, Vivint and its salespeople must refrain from
engaging in the above-mentioned practices. Vivint must also pay $100,000 to the
State of Wyoming. The settlement does not constitute an admission of liability
by Vivint or a judicial finding of violation.

The settlement with Vivint follows earlier settlements with 18
individual Vivint salespeople over alleged violations committed during the 2015
summer sales season. The conduct of Vivint’s salespeople resulted in the City
of Cheyenne denying Vivint’s request to renew its Residential Door-to-Door
Solicitors Business License in June 2015. The salespeople agreed to pay penalties
and comply with the Consumer Protection Act.

Will Harrison Jr. offered asphalt paving services in Goshen
County, Wyoming. The Attorney General’s
Office alleged that Harrison took unfair advantage of an elderly consumer by
performing work on the consumer’s property without permission and then
demanding that the consumer pay $8,000.00 for the work. Harrison agreed to resolve the matter through
a Consent Judgment. Under the Consent
Judgment, Harrison must provide the elderly consumer a full refund and may
never offer of perform asphalt paving services in Wyoming. The Consent Judgment
further imposes a suspended civil penalty of $35,000.00 that will become due if
Harrison ever performs paving services in Wyoming or if he fails to provide
timely refunds.

Rocky Spry offered asphalt paving services in northwest
Wyoming under the names of Spry Asphalt Construction and Spry Blacktop Service.
The Attorney General’s Office alleged that Spry misrepresented the quality of
his services and used contracts that failed to include the statutorily mandated
disclosures regarding a consumer’s right to cancel home solicitation sales.
Spry agreed to resolve the allegations through a Consent Judgment requiring him
to provide consumers with full refunds and prohibiting him from offering or
performing asphalt paving services in Wyoming.
If Spry ever performs paving services in Wyoming or fails to provide
timely refunds, the Consent Judgment imposes a civil penalty of $35,000.00.

Western Union’s money transfer system is a popular tool of scam artists who seek to fraudulently induce money transfers. Common examples of fraudulently induced money transfers include the grandparent scam (scam artists pretends to be a grandchild in immediate need of a money transfer), lottery scam (scam artist falsely informs consumer he or she has won the lottery and must wire a transactional fee), and romance scam (scam artists expresses fake romantic interest and then requests a money transfer for an emergency). A multi-state investigation raised serious concerns about the adequacy of Western Union’s anti-fraud measures. The settlement requires Western Union to develop and implement a comprehensive anti-fraud program designed to help detect and prevent incidents where consumers who have been victims of fraud used Western Union to wire money to scam artists. Under the settlement, Western Union must also pay $5 million to the States. Additionally, the settlement references a concurrent federal settlement which requires Western Union to pay $586 million to fund consumer restitution to be distributed through a claims-based process. To learn more about the refund process, consumers should visit http://www.westernunionremission.com/ or call 1-844-319-2124.

The Attorney General’s Office
began an investigation into Celluxe, LLC, BuyCelluxe, LLC, DermActiv, LLC,
BuyDermActiv, LLC, Delux Nutra, LLC (collectively “Celluxe”) after receiving
consumer complaints about the failure to properly disclose the material terms
of their online sales offers. Celluxe advertised and sold consumers skin care
products on its websites. These websites advertised free “trial offers,” but
failed to adequately disclose that Celluxe enrolled the consumer into a
negative option continuity plan and automatically charged the consumer a
monthly fee unless the consumer canceled the plan before the end of the trial
period. The Attorney General’s Office alleged that by failing to adequately
disclose the material terms of the offer, Celluxe violated the Wyoming Consumer
Protection Act and the Restore Online Shoppers Confidence Act. The Wyoming
Attorney General’s Office entered into an Assurance of Voluntary Compliance
with Celluxe which requires Celluxe to provide clear and conspicuous
disclosures of all material terms to consumers.

The
Attorney General’s Office began an investigation into Harding Fitness, Inc.
after receiving complaints from consumers regarding its business and billing
practices. From 2012 to 2015, Harding Fitness, Inc., a Wyoming corporation,
operated a health club franchise named Sedona Fitness for Women in Cheyenne. The
Attorney General alleged that Harding Fitness routinely reduced the gym’s
operation hours and canceled fitness classes without reducing the amount it
billed members in monthly membership fees. In June of 2015, Harding Fitness
permanently closed the gym; however, consumers complained that they continued
to be charged for services after the business closed. The investigation by the
Wyoming Attorney General’s Office revealed that Harding Fitness, Inc. violated
the Wyoming Consumer Protection Act by billing for services not provided.

Without
admitting liability, Harding Fitness, Inc., and its President, Chaundra
Harding, agreed to resolve the allegations through a Consent Judgment entered
by the Laramie County District Court. The Consent Judgment prevents Chaundra
Harding, for 10 years, from engaging in any consumer transactions in Wyoming in
which she solicits or receives payments via electronic transfer of funds.
Harding also agreed to refund certain consumers identified during the
investigation. Further, the Consent Judgment imposes suspended civil penalties
of $40,000.00 that become due if Harding fails to abide by the settlement
terms. Additionally, after being made aware of the situation, the franchisor of
Sedona Fitness promptly and voluntarily agreed to fully reimburse all members
it separately charged after the gym closed in June 2015.

The Wyoming Attorney General obtained a Consent Judgment resolving claims that Volkswagen allegedly violated Wyoming’s Consumer Protection Act by marketing, selling, and leasing diesel vehicles equipped with illegal and undisclosed defeat device software. The consent judgment is part of a series of coordinated state and federal settlements that will provide cash payments to affected consumers, require Volkswagen to buy back or modify certain VW and Audi 2.0-liter diesel vehicles, prohibit Volkswagen from engaging in future unfair or deceptive acts and practices in connection with its dealings with consumers and regulators, and require Volkswagen to pay states for violating state consumer protection laws. Wyoming received $2.5 million from the settlement. More details about the coordinated settlements are available at www.VWCourtSettlement.com., and through the Federal Trade Commission website, www.ftc.gov/VWSettlement

The Attorney General initiated an investigation
regarding Bedroom Guardian, LLC after consumers complained that the company did
not clearly disclose information about the bed bug product offered on its
website. Consumers reported that Bedroom Guardian, LLC failed to adequately
disclose that customers would be subjected to monthly recurring charges, and
misrepresented the nature and effectiveness of the actual product through false
endorsements and testimonials. Pursuant to the Assurance of Voluntary
Compliance (AVC) entered into between the Attorney General’s Office and Bedroom
Guardian, LLC, the company must provide notice to all of its Wyoming customers and
offer refunds. Additionally, the AVC imposes a $10,000 civil penalty.

The Wyoming Attorney General, along with 49 other state attorneys general, reached a settlement resolving claims that USA Discounters engaged in deceptive and unfair trade practices. More specifically, the Attorneys General alleged USA Discounters sold grossly overprice household goods primarily on credit through revolving or retail installment contracts with high interest rates and then engaged in abusive debt collection practices. The alleged debt collection practices include contacting service members’ chains-of-command and only filing lawsuits in a few Virginia jurisdictions, no matter the service member’s location, deployment status, or residence. These unlawful business practices, the Attorneys General claimed, were secured through misrepresentations and omissions in advertising, during the loan’s origination, and during the collection process. The settlement requires USA Discounters to provide certain affected consumers with consumer debt relief.

Mike Marks offers asphalt paving and sealing services
through door-to-door solicitation under the name of WY-CO Paving & Sealing
(“WY-CO”). The Complaint in this manner alleged that WY-CO violated the Wyoming
Consumer Protection Act ("Act") by misrepresenting the grade and
price of its services and by failing to provide buyers with documentation
containing notice of the buyer’s right to cancel. The Complaint further alleged
that WY-CO violated the Act when it solicited and accepted three deposits
totaling $3,500.00 from an elderly couple and then failed to provide the
promised service or return the deposits. WY-CO agreed to resolve the matter
through a Consent Judgment that requires it to significantly reform its
practices, provide consumers with full refunds, and pay civil penalties upon
failure to reform its practices or provide consumers with timely refunds.

Wyoming, along with the Federal Trade Commission and agencies from all 50 states, obtained a permanent injunction dissolving two nationwide sham cancer charities, Cancer Fund of America Inc. (CFA) and Cancer Support Services Inc. (CSS), and banning their president, James Reynolds Sr., from profiting from any charity fundraising in the future under a settlement filed in court on March, 29, 2016.

The agencies’ complaint, filed in May 2015, targeted four sham charities run by Reynolds and his family members that allegedly bilked more than $187 million from donors. CFA and CSS were responsible for more than $75 million of that amount. The complaint alleged that from 2008 to 2012, CFA and CSS spent only 2.8% of donations on cash and goods provided to cancer patients and nonprofits in the United States. The other two sham charitiessettled in May 2015.

The settlement order imposes a judgment against CFA, CSS, and Reynolds jointly and severally, of $75.825.653, the amount consumers donated to CFA and CSS between 2008 and 2012. Included in this amount is $261,525.27 that 5,391 Wyoming consumers donated to CSS. The judgment against CFA and CSS will be partially satisfied via liquidation of their assets. The judgment against Reynolds will be suspended due to his documented inability to pay after he surrenders certain personal assets.

The other defendants in the case were CFA’s and CSS’s chief financial officer and CSS’s former president, Kyle Effler; Children’s Cancer Fund of America Inc. (CCFOA) and its president and executive director, Rose Perkins; and The Breast Cancer Society Inc. (BCS) and its executive director and former president, James Reynolds II. Under settlement orders, Effler, Perkins and Reynolds II were banned from fundraising, charity management, and oversight of charitable assets, and CCFOA and BCS are in receivership and will be dissolved after their assets are liquidated.

The Wyoming
Attorney General’s Office began an investigation after consumers reported that
the Lexington companies gave consumers the false impression that they could
provide legal services, directly or by referral. The Assurance of Voluntary
Compliance ("AVC") entered into between the Attorney General’s Office and the
Lexington companies specifies that the Lexington companies cannot provide legal
services, as they are not actual law firms. The Lexington companies were also
providing student loan debt consolidation services. In some states, such as
Wyoming, providing debt consolidation services for profit is prohibited. That
service can only be provided by nonprofit companies or attorneys. The AVC also
includes injunctive terms, requires that all Wyoming customers be refunded
(approximately $5,700) and imposes a $10,000 civil penalty.

*Note to students: Most
federal student loans are eligible for consolidation for free through the U.S.
Department of Education. Learn more about the Direct Consolidation Loan program
here.*

This matter addresses complaints of consumers who used MoneyGram’s wire transfer service to send money to third parties involved in schemes to defraud consumers. Wyoming, along with 48 other states and the District of Columbia, reached a settlement with two main components. First, MoneyGram agreed to maintain and continue to improve a comprehensive and robust anti-fraud program designed to help detect and prevent consumers from suffering financial losses as a result of these types of fraud induced wire transfers. Second, MoneyGram agreed to provide consumer restitution to consumers who previously filed complaints with MoneyGram between July 1, 2008 and August 31, 2009 regarding fraud induced transfers sent from the U.S. to foreign countries other than Canada.

The complaint alleged thatAllen Fox was a transient paving contractor who promised consumers that he would give them a discount on driveway paving jobs because he had "left over" asphalt from other major paving jobs. Additionally, Mr. Fox would not provide written estimates and would deliberately confuse consumers about the expected price for the job, which could amount to 10 times what the consumers expected. The complaint alleged that Allen Fox violated the Wyoming Consumer Protection Act by making false and deceptive claims regarding the pricing for the paving jobs. The complaint also alleged that the Mr. Fox failed to comply with Wyoming's door-to-door solicitation requirements. The judgment requires that Mr. Fox comply with the terms of the Act and comply with the door-to-door solicitation laws. The judgment requires that Mr. Fox provide full and complete restitution to the affected consumers in the amount of $25,500. The judgment also imposes the maximum civil penalty for each of the four violations for a total civil penalty of $40,000.

Wyoming and 39 other jurisdictions reached an agreement with for-profit education company Education Management Corporation (EDMC) requiring it to significantly reform its recruiting and enrollment practices and forgive $102.8 million in outstanding loan debt held by more than 80,000 former students nationwide, including $127,411 held by approximately 118 former students in Wyoming. The Consent Judgment mandates added disclosures to students, including a new interactive online financial disclosure tool; bars misrepresentations to prospective students; prohibits enrollment in unaccredited programs; and institutes and extended period during when new students can withdraw with no financial obligations.

Consumers complained that Wealth Network Solutions, LLC promised a great amount of income for participants in an online business offer, but the income failed to materialize. Consumers also complained that there were many undisclosed fees associated with the offer and that consumers sometimes ended up spending thousands of dollars in fees for an offer that first appeared to cost much less.

The investigation revealed that Wealth Network Solutions, LLC appeared to be engaged in activity that would fall under the Multilevel Act as well as engaging in misrepresentations regarding the program offered. The company also appeared to misrepresent the costs and likelihood of generating income from the program. The company and its owner, Justin Sloan Rahn, agreed to enter into an agreement with the Attorney General prohibiting the objectionable activity. The company and its owner also paid a civil penalty of $10,000 and refunded the Wyoming customers.

The Attorney General’s Office began
an investigation into Prime Cut Meats & Seafood, Inc., after consumers
reported that company representatives stated that the company could not issue
refunds. The investigation revealed that Prime Cut Meat & Seafood, Inc., appeared
to be failing to provide notice of customers’ right to cancel during its
door-to-door meats sales. The Attorney General and Prime Cut Meat &
Seafood, Inc., reached an agreement where the company guarantees it will not
tell customers that the company cannot issue refunds and promises to provide
customers with notice of their right to cancel.

The Attorney General’s Office began an
investigation into Front Range Meats after receiving a complaint regarding the
door-to-door sales of Front Range Meats. The investigation revealed that the
company did not provide buyer’s right to cancel forms, and did not otherwise
inform customers of the right to cancel. Front Range Meats entered into an
agreement with the Attorney General to ensure compliance with Wyoming’s laws.

Cheyenne Distributing is a Wyoming based company that was involved in selling Kirby vacuum cleaners door-to-door in Wyoming and several other states in the region. The Attorney General's Office began investigating Cheyenne Distributing because of numerous complaints regarding aggressive sales tactics and difficulties encountered by consumers when attempting to cancel their sales contracts under Wyoming's 3 day cooling off rule. The Attorney General's Office reached the conclusion that Cheyenne Distributing and its owners violated the Wyoming Consumer Protection Act. A resolution was reached between the parties that required Cheyenne Distributing and its owners to pay the State of Wyoming a combined total civil penalty of $30,000 and agree to the following terms:

For consumers who call during the consumer's 3 day cooling off period for door-to-door sales, Cheyenne Distributing and its owners agreed to limit the conversation with the consumers to consumer initiated topics, clarification of the cancellation process, discussion about the refund process and coordination of the process for returning the product purchased.

To reduce overly aggressive sales techniques, Cheyenne Distributing and its owners agreed to have all their employees and agents trained to:

Recognize when a consumer does not want to listen to a sales presentation, and to leave the premises when the consumer is not interested;

Not enter a residence without first being explicitly invited into the residence by the homeowner; and

Not approach a residence with a "no solicitation" sign posted or attempt to initiate contact with anyone at such a residence.

The Attorney General began an investigation regarding NetDigitalInc.com, LLC. Consumer complained that the company was unresponsive to refund requests and other inquiries. NetDigitalInc.com, LLC acknowledged that it failed to timely make refunds pursuant to its 60 day refund policy, failed to timely respond to inquiries and misrepresented that it has a physical office located in Cheyenne, Wyoming. The company reformed its practices and ensured that all consumers who made timely refund requests were given their refunds.

This matter addresses “Mobile Cramming,” or the placement of unauthorized third-party charges on mobile phone bills. It is similar to the T-Mobile USA, Inc. case described below. A mobile phone user can subject themselves to third party mobile charges in a variety of ways. They might simply reply to a text message, enter their phone number on a website, or click on a website accessed from their phone. Disclosure that this constitutes a purchase is often unclear, if disclosed at all. The questionable purchase is passed on to mobile carriers to collect and it shows up, often inadequately labeled, on the consumer’s phone bill.

This settlement with Sprint resolves many of the problems arising from mobile cramming by providing for greater disclosure and consent regarding the third party charges. The settlement requires that Sprint must obtain express informed consent from consumers before a consumer is billed for third party charges.

Sprint must implement a system for giving consumers a purchase confirmation for any third party charges. Sprint's bills will also be revised to show the third party charges in a separate section so that consumers can distinguish between Sprint's mobile charges and the third party charges. The settlement required that Sprint pay Wyoming the amount of $126,531.96. This amount was deposited into the General Fund.

Consumers can submit claims under the redress programs by visiting www.SprintRefundPSMS.com .On this website, consumers can submit claims, find information about refund eligibility and how to obtain a refund, and can request a free account summary that details PSMS purchases on their accounts. Consumers who have questions about the redress programs can visit the program website or call the settlement administrator at: (877) 389-8787.

Consumers complained that Cheyenne Labs, LLC did not clearly disclose the terms of its $4.95 "trial offer" for skin care products. Consumers were hit with recurring monthly charges sometimes totally nearly $90 a month by signing up for the "trial offer." Consumers also reported problems cancelling and/or obtaining refunds from Cheyenne Labs. Cheyenne Labs agreed to refund all customers in Wyoming. The company agreed to clearly and conspicuously disclose the material terms of its products offered online and to make it easier for consumers to cancel with the company.

Liberty Global, LLC appeared to be marketing and selling prescription cancer drugs out of a home in Cheyenne. The Attorney General's Office began an investigation and learned that the company was actually based overseas and was simply using its registered agent's home street address as its headquarters for both online commerce and bank account purposes. During the investigation, Liberty Global, LLC ceased operations and voluntarily dissolved. The registered agent agreed that she would not represent that companies for which she acted as the registered agent were based at her home address and she agreed that she would not assist companies in opening up bank accounts.

This matter addresses “Mobile Cramming,” or the placement of unauthorized third-party charges on mobile phone bills. It is similar to the T-Mobile USA, Inc. case described below. A mobile phone user can subject themselves to third party mobile charges in a variety of ways. They might simply reply to a text message, enter their phone number on a website, or click on a website accessed from their phone. Disclosure that this constitutes a purchase is often unclear, if disclosed at all. The questionable purchase is passed on to mobile carriers to collect and it shows up, often inadequately labeled, on the consumer’s phone bill.

This settlement with Verizon resolves many of the problems arising from mobile cramming by providing for greater disclosure and consent regarding the third party charges. The settlement requires that Verizon must obtain express informed consent from consumers before a consumer is billed for third party charges.

Verizon must implement a system for giving consumers a purchase confirmation for any third party charges. Verizon's bills will also be revised to show the third party charges in a separate section so that consumers can distinguish between Verizon's mobile charges and the third party charges. The settlement required that Verizon pay Wyoming the amount of $168,714.19. This amount was deposited into the General Fund.

Consumers can submit claims under the redress programs by isiting www.CFPBSettlementVerizon.com.On this website, consumers can submit claims, find information about refund eligibility and how to obtain a refund, and can request a free account summary that details PSMS purchases on their accounts. Consumers who have questions about the redress program can visit the program website or call the settlement administrator at: (888) 726-7063 (Verizon).

This “buy-here-pay-here” auto dealer was investigated after the Attorney General’s Office was notified that consumers may have been unaware of the use of locating devices that the company installed in vehicles it financed. Zoe Auto Sales contends it was not required to disclose the existence of these devices, and that its Contract did put consumers on notice of the possibility of the use of locating devices. However, Zoe Auto Sales agreed that, when selling to Wyoming consumers, it will provide verbal notice of the use of locating devices as well as a separate written notice signed by the consumer and the dealer.

Consumers complained that Silver River Management, LLC required that they repay their pay day loans through Western Union or Money Gram transactions and charged excessive amounts of interest for the loans. Silver River Management, LLC and its owner agreed that they would not require repayment of loans in any manner other than required by the loan agreement. They also agreed that they would not charge interest on loans made to Wyoming residents in excess of that allowed by Wyoming law. Silver River Management, LLC and its owner also agreed to repay any excessive interest charged and collected from Wyoming residents.

The complaint in this matter alleged that Iowa Steak Company, and three of its salesmen violated the Wyoming Consumer Protection Act by making false and deceptive claims regarding price discounts for door-to-door meat sales. The complaint also alleged that the defendants failed to comply with Wyoming's door-to-door solicitation requirements. The consent judgment requires that Iowa Steak Company comply with the terms of the Act and offer refunds to all the Wyoming residents who purchased product. It also requires that Iowa Steak Company pay a civil penalty of $5,000. The individual salesmen were also required to pay civil penalties.

This matter addresses “Mobile Cramming,” or the placement of unauthorized third-party charges on mobile phone bills. It is similar to the AT&T case described below. A mobile phone user can subject themselves to third party mobile charges in a variety of ways. They might simply reply to a text message, enter their phone number on a website, or click on a website accessed from their phone. Disclosure that this constitutes a purchase is often unclear, if disclosed at all. The questionable purchase is passed on to mobile carriers to collect and it shows up, often inadequately labeled, on the consumer’s phone bill.

This settlement with T-Mobile resolves many of the problems arising from mobile cramming by providing for greater disclosure and consent regarding the third party charges. The settlement requires that T-Mobile must obtain express informed consent from consumers before a consumer is billed for third party charges.

T-Mobile must implement a system for giving consumers a purchase confirmation for any third party charges. T-Mobile’s bills will also be revised to show the third party charges in a separate section so that consumers can distinguish between T-Mobile’s mobile charges and the third party charges. The settlement required that T-Mobile pay Wyoming the amount of $189,952.76. This amount was deposited into the General Fund.

Consumers can submit claims under the Program by visiting http://www.t-mobilerefund.com. On that website, consumers can submit a claim, find information about refund eligibility and how to obtain a refund, and can request a free account summary that details PSMS purchases on their accounts. Consumers who have questions about the Program can visit the Program website or call the Refund Administrator at (855) 382-6403.

This matter involved a company that called consumers to conduct a purported survey that was allegedly used to screen leads for the sale of its product. After the survey was conducted, Silver King International called consumers to offer a free prize and would also schedule in-home demonstrations of its product. Although Silver King International denied that its actions constituted any violation of law, it agreed to a number of restrictions on all future transactions with Wyoming consumers, including the following: Silver King International will not make unsolicited telephonic sales calls to consumers on the federal or state do-not-call lists, it will comply with the notice requirements of Wyoming's prize and home solicitation statutes, and it will not make false or misleading statements to consumers.

This matter addresses “Mobile Cramming,” or the placement of unauthorized third-party charges on mobile phone bills. A mobile phone user can subject themselves to these third party charges in a variety of ways. They might simply reply to a text message, enter their phone number on a website, or click on a website accessed from their phone. Disclosure that this constitutes a purchase is often unclear, if disclosed at all. The questionable purchase is passed on to mobile carriers to collect and it shows up, often inadequately labeled, on the consumer’s phone bill.

This settlement with AT&T resolves many of the problems arising from mobile cramming by providing for greater disclosure and consent regarding the third party charges. The settlement requires that AT&T must obtain express informed consent from consumers before a consumer is billed for third party charges. AT&T must implement a system for giving consumers a purchase confirmation for any third party charges. AT&T’s bills will also be revised to show the third party charges in a separate section so that consumers can distinguish between AT&T’s mobile charges and the third party charges. The settlement also required that AT&T pay Wyoming the amount of $211,058.62. This amount was deposited into the General Fund.

As part of a national multistate action, Wyoming reached a settlement with GlaxoSmithKline, LLC to resolve allegations that GlaxoSmithKline unlawfully promoted its asthma drug, Advair®, and antidepressant drugs, Paxil® and Wellbutrin®. The Complaint and Consent Judgment filed today alleges that GlaxoSmithKline violated state consumer protection laws by misrepresenting the uses and qualities of these drugs. The Consent Judgment also requires GSK to pay Wyoming the amount of $1,141,487.54. This amount has been paid into the General Fund.

• Make, or cause to be made, any written or oral claim that is false, misleading, or deceptive about any GSK product;

• Make promotional claims, not approved or permitted by the FDA that a GSK product is better, more effective, safer, or has less serious side effects or contraindications than has been demonstrated by substantial evidence or substantial clinical experience;

• Present favorable information or conclusions from a study that is inadequate in design, scope, or conduct to furnish significant support for such information or conclusions, when presenting information about a clinical study regarding GSK products in any promotional materials;

• Provide samples of GSK products to those health care professionals who are not expected to prescribe the sampled GSK products for an approved use, but who would be expected to prescribe the sampled product for an off-label use; or

• Disseminate information describing any off-label use of a GSK product, unless such information and materials are consistent with applicable FDA regulations and FDA Guidances for Industry.

Consumers complained that they were charged unauthorized fees for products purchased from the company pursuant to a free 14 day trial offer. Consumers thought that they only had to pay the nominal shipping fee to test out the product and were surprised when they learned that they were being charged for the full price of the product. Consumers also complained that they had a difficult time obtaining refunds. An investigation revealed that the company represented that it was based in Cheyenne, Wyoming when in fact it had no connection to Wyoming other than the fact that it was a Wyoming entity and had mail forwarding services from locations in Wyoming. The company and its owner agreed to resolve the matter by offering refunds to all Wyoming consumers who had paid anything beyond the nominal shipping charge. The company and its owner also agreed to strict disclosure requirements and agreed not to present the company as being based in Wyoming unless it had an actual presence or office in Wyoming.

This case involved a firearm manufacturer which took deposits and payments on handguns from consumers. Despite the passage of many months and even years, consumers never received the final product from the manufacturer. The company, and the CEO of a predecessor of the company agreed to resolve the matter by refunding in full the 140+ consumers who made deposits or other payments for the firearms. The company and the former CEO agreed to abide by the 30 day rule. They also agreed not to market, advertise, sell or take deposits or payments on any merchandise that was not in final production.

Consumers complained about misrepresentations made to them with respect to a timeshare point plan. The companies involved, and their owner, agreed to refund the complaining consumers. They also agreed not to make inaccurate claims about affiliated companies, or make any claims about the expected earnings or returns that might be made by engaging in the timeshare point plan.

This case addressed several of Affinion’s marketing practices that misled consumers, including a lack of clear and conspicuous disclosure about Affinion’s identity, and the cost and ongoing nature of the charges. Most troubling were two marketing practices of Affinion – live checks and online data pass. In a live check solicitation, consumers were sent via direct mail an offer that appeared to be a check – but when consumers endorsed and deposited the checks, the consumers unknowingly authorized Affinion to enroll them in membership programs, and to bill them each month indefinitely. In an online data pass offer, consumers were presented an Affinion offer immediately after an online purchase from a retailer. Affinion was then able to enroll and bill consumers without acquiring any of their account information because the marketing partner would pass that information to Affinion. Both practices are prohibited under the judgment. Additionally, the judgement resulted in a total of roughly to Wyoming residents. A deposit was made to the Consumer Protection Trust Fund in the amount of $25,000.00. Another deposit was made to the General Fund in the amount of $28,223.19.

This case arose out of the activities of a landscaper. Consumer complained that the landscaper was taking deposits for work on their property, but failed to follow through with the projects. The landscaper agreed to refund the complaining consumers. The landscaper also agreed not to accept a deposit or payment from any consumer for landscaping, yard maintenance or tree removal services prior to fully completing all services as promised.

This case addressed surrogate signing of title documents, as well as related practices. The judgment requires proper execution of documents and prohibits signatures by unauthorized persons or those without first-hand knowledge of facts attested to in the documents. It also includes enhanced oversight of the default services provided, and a review of all third-party fees to ensure that the fees have been earned and are reasonable and accurate. Lenders Processing Services, Inc., also agreed to review documents executed during the period of January 1, 2008 to December 31, 2010 to determine what documents, if any, need to be re-executed or corrected. If LPS is authorized to make the corrections, it will do so. The judgment required that LPS pay the state of Wyoming the amount of $232,491. This amount was deposited into the Consumer Protection Trust Fund.

This case arose out of consumer complaints about a home business opportunity. Consumers were told they would make money processing credit cards. They were then sold thousands of dollars in “leads” that typically yielded no profit. The companies and their owners agreed to refund the consumers. They also agreed to certain disclosures about restrictions on the representations they could make to consumers.

This case involved complaints about representations the company made about its search engine optimization services. The company and its owner agreed to make refunds and agreed to restrictions on the representations they could make about the services provided.

The Latin term “amicus
curiae” means “friend of the court.”An amicus curiae brief is a legal
document a non-party to a case submits to the appellate court. The amicus curiae brief provides the court
with additional arguments it may wish to consider in deciding an appeal. The
Wyoming Attorney General occasionally joins other state attorneys general in
submitting amicus curiae briefs on important
matters that impact consumers.Some of
these recent amicus curiae briefs are noted below.

Class Action
Fairness Act Amicus Curiae Briefs

The Class Action Fairness Act provides a role for state
attorneys general in the class action settlement approval process. Specifically,
state attorneys general receive notice of class action settlements so that they
may express concerns about class action settlements that do not benefit
consumers. In this role, the Wyoming Attorney General has joined amicus briefs
to protect consumers from imbalanced proposed class action settlements.

The
Wyoming Attorney General filed an amicus brief in the Colorado
Supreme Court on an issue
of national importance regarding the power of an agency, such as the Attorney
General to issue administrative investigative subpoenas on nonresidents. 35
states joined Wyoming on that brief. The Colorado Supreme Court held in its decision that such investigative subpoenas could be served and enforced on nonresidents.